Dalton J handed down a decision in a solemn form case this morning where the deceased’s testamentary capacity was in question.  The last will was upheld, despite her Honour finding that the matters raised by the medical evidence was “not trivial or frivolous” and parts of the evidence gave rise to doubt and possibilities and was equivocal.  However, she found that when the evidence is viewed as a whole, it was more probable than not that the deceased did have testamentary capacity at the time he gave instructions for, and executed, his 2011 will.

Read the judgment here.